TSE HON WAI v. PO HONG SCAFFOLDING CO LTD AND OTHERS

TSE HON WAI v. PO HONG SCAFFOLDING CO LTD AND OTHERS

Liability having been conceded, the court assessed quantum by accepting a baseline daily wage of $610, an average pre-accident work rate of 13 days/month for past loss, treated the plaintiff as fit for work 18 months after the accident, fixed future earning capacity at $5,800/month with progression to master level...

Source-derived case information.

Citation
TSE HON WAI v. PO HONG SCAFFOLDING CO LTD AND OTHERS
Parties
Plaintiff: TSE HON WAI; 1st Defendant: PO HONG SCAFFOLDING COMPANY LIMITED; 2nd Defendant: WING YICK BAMBOO SCAFFOLDERS ENGINEERING LIMITED; 3rd Defendant: SHUN SHING CONSTRUCTION & ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2007
Case Number
HCPI427/2006
Procedural Posture
Personal Injuries / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Quantum, Past Loss, Future Loss, Loss of Earning Capacity, Interest, Deduction for Compensation
Source Language
en
Personal Injury Tort Employment Compensation Quantum Past Loss Future Loss Loss of Earning Capacity Interest +1 more

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Parties

TSE HON WAI

Plaintiff

PO HONG SCAFFOLDING COMPANY LIMITED

1st Defendant

WING YICK BAMBOO SCAFFOLDERS ENGINEERING LIMITED

2nd Defendant

SHUN SHING CONSTRUCTION & ENGINEERING COMPANY LIMITED

3rd Defendant

Procedural Posture

Personal Injuries / Judgment

Legal Issues

  1. 1 Whether quantum of damages awarded for pain, suffering and loss of amenity and economic loss
  2. 2 Proper assessment of past loss (daily wage, average days worked, length of sick leave)
  3. 3 Proper assessment of future loss and appropriate multiplier

Ratio Decidendi

Liability having been conceded, the court assessed quantum by accepting a baseline daily wage of $610, an average pre-accident work rate of 13 days/month for past loss, treated the plaintiff as fit for work 18 months after the accident, fixed future earning capacity at $5,800/month with progression to master level ($860/day for ~15 days/month) after seven years, applied a 17-year multiplier for future loss, awarded 12 months' current wages for loss of earning capacity, deducted $306,000 received under employee's compensation, and awarded interest as specified.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of $1,554,890
  • Interest: 2% on $350,000 from date of writ to judgment and half the judgment rate on the balance of $1,204,890 from date of accident to judgment